Utah Ethics Commission Initiative (2010)

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A Utah Ethics Commission Initiative may appear on the November 2010 ballot in Utah as an initiated state statute. The ballot initiative was filed on on August 12, 2009.

The initiative proposes to establish a five-member independent commission to investigate ethics complaints against lawmakers and recommendations to the state legislature. Additionally, the initiative proposes ending corporate contributions to legislative candidate and placing a $2,500 cap on individual donations and $5,000 cap on contributions from political action committees over a two-year period.[1] The proposal is sponsored by Utahns for Ethical Government.

Ballot measure details

The following is the submitted ballot measure details:[2]

This bill enacts provisions in the Legislative Code to establish an independent ethics commission to administer a legislative ethics code.

This bill:

  • provides definitions and rules of construction;
  • establishes an independent ethics commission, setting forth the criteria for eligibility for members of the commission, the manner of selecting those members, and the powers, duties and functions of the commission;
  • enacts a code of ethical conduct for legislators;
  • sets forth procedures which will govern the work of the commission and its staff, including procedures for handling complaints against legislators who are accused of misconduct;
  • enacts miscellaneous provisions which regulate the application of open meetings laws, judicial review, administrative procedures, government records access and management, the role of the Office of the Attorney General, the role of the Office of Legislative Research and General Counsel, intervention rights in litigation challenging the bill, funding and severability.

Fiscal impact

According to the Governor's Office of Planning and Budget the fiscal impact of the proposed Utah Ethics Commission is $536,000 in total fiscal expenses from the general fund. Additionally, $36,000 for the production and dissemination of voter information related to the staffing of the proposed commission.[3]

Supporters

Utahns for Ethical Government (UEG) sponsored the initiative. According to the organization, contrary to arguments posed by opponents, the initiative "does not criminalize anything." The proposed ethics commission, said UEG, would have the ability to recommend disclipinary actions but could not convict individuals. "We're facing a lot of misperceptions that are coming basically from legislators," said initiative supporter Kim Burningham.[4]

Opponents

  • Gov. Gary Herbert said that although he supports the concept of an ethics commission, he does not support the proposed ballot measure. The governor said that the proposed measure, if approved, could severely change the political landscape within the state. Specifically, the governor said he fears that the measure would fail a constitutional challenge and that the measure is over-reaching.[4]
  • On November 23, 2009 the state Republican Party announced their opposition to the initiative. Among the arguments against the initiative, the resolution stated,"among other things, the UEG initiative removes responsibility for ethics in government from the people and their elected representatives, and places it in the hands of an unelected, unaccountable commission."[5]

Donors

According to initiative supporter Kim Burningham as of October 2009 donations to Utahns for Ethical Government's Political Issues Committee total $10,000 - $15,000.[4]

Path to the ballot

In order for the measure to be placed on the 2010 ballot supporters are required to submit a minimum of 95,000 signatures from 26 of the state's 29 Senate districts by April 2010. As of August 2009, supporters have collected 300 signatures including former governor Olene Walker.[6]

See also

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